Whiteside v. Workmen's Compensation Appeal Board

650 A.2d 1202, 168 Pa. Commw. 488, 1994 Pa. Commw. LEXIS 619
CourtCommonwealth Court of Pennsylvania
DecidedNovember 22, 1994
Docket2569 C.D. 1993
StatusPublished
Cited by25 cases

This text of 650 A.2d 1202 (Whiteside v. Workmen's Compensation Appeal Board) is published on Counsel Stack Legal Research, covering Commonwealth Court of Pennsylvania primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Whiteside v. Workmen's Compensation Appeal Board, 650 A.2d 1202, 168 Pa. Commw. 488, 1994 Pa. Commw. LEXIS 619 (Pa. Ct. App. 1994).

Opinion

PELLEGRINI, Judge.

Jean Whiteside (Claimant) appeals an order of the Workmen’s Compensation Appeal Board (Board) reversing the Referee’s decision granting Claimant’s petition for compensation because stress at work caused her disabling physical injuries. Characterizing her injuries from stress solely as mental, the Board reversed, because she had not established that the stress flowed from abnormal working conditions.

Claimant was employed by Burroughs Corporation (Burroughs) since 1966. In 1987, Burroughs merged with another company to form UNISYS Corporation (Employer). As a *492 result of the stress associated with the change in Claimant’s job duties following the merger, Claimant began experiencing various physical problems which impeded her ability to work. Because Employer refused to pay compensation since it believed that Claimant’s “injury” was not work-related, Claimant filed a petition seeking workmen’s compensation benefits.

At the hearing before the Referee, Claimant testified as to the changes in her work environment and responsibilities following the merger. She stated that, subsequent to the merger, she was assigned a new boss and new duties, and because two individuals in her department were laid off, her workload increased. Claimant also testified that she was required to 1) attend meetings, which she could not understand, with salaried employees; 2) attend other meetings in place of her new boss; 3) learn a new computer system from a book while still meeting deadlines; and 4) learn the job of a salaried employee and teach that person their job. To fulfill these responsibilities, Claimant was required to come into work early and leave late. Further, Claimant testified that following the increase in her duties, she began experiencing pains in her chest, severe diarrhea, loss of appetite and loss of sleep. Furthermore, Claimant stated that she also developed headaches, angina and gastrointestinal pain.

Because of the severity of her symptoms, Claimant stopped working in September, 1987. When she attempted to return to work in December of that year, she discovered that her desk and belongings had been moved from her. office into the middle of a drafting room. At that time, Claimant’s illness forced her to spend most of the day in the rest room, preventing her from working.

In support of her petition, Claimant also presented the deposition testimony of John R. DiMedio, Ph. D., and Leonard G. Guinta, D.O. Dr. Guinta, a psychiatrist, testified that he had diagnosed Claimant as having anxiety neurosis, headaches, angina, and gastrointestinal problems, including profuse diarrhea and persistent abdominal pain. Moreover, Dr. Guinta stated that, although he did not know about the specific details of Claimant’s job, he had spoken to Claimant in general *493 terms about the pressures and stress she felt from work. With regard to whether her condition was work-related, he opined that, without doubt, he believed that these symptoms were caused by her employment and the stress associated with it. In support of this statement, Dr. Guinta cited to the fact that each time Claimant was confronted with the prospect of returning to work, her symptoms became worse.

Dr. DiMedio testified that he began treating Claimant when she was referred to him by Employer. He testified that he had diagnosed Claimant as having clinical depression which was the result of the stress associated with her job. More specifically, Dr. DiMedio attributed Claimant’s condition to the abrupt changes at her place of employment. Although he did not know about all of the events which disturbed Claimant, she had related some of the incidents to him and based upon this knowledge, he testified that Claimant’s emotional and physical symptoms were normal responses to an abnormal situation.

Employer only called Claimant’s supervisor, Joseph Schlenner, who testified as to Claimant’s job responsibilities and performance following the merger. He confirmed Claimant’s testimony regarding the changes in employment after the merger, but also stated that the other employees in Claimant’s department were likewise required to assume greater responsibilities. Before the Referee, Employer only contended that Claimant’s testimony established that she had a psychological injury, not a physical one, and that Claimant was not exposed to an abnormal working condition.

Finding Claimant’s testimony regarding her emotional and physical problems resulting from the merger and subsequent increase in her responsibilities to be credible and persuasive, and accepting as credible, persuasive and unequivocal the medical testimony of Claimant’s doctors regarding her symptoms and the work-relatedness of her injuries, the Referee' found for the Claimant and awarded her benefits. Employer appealed to the Board.

Before the Board, Employer contended that the Referee erred in classifying Claimant’s symptoms as being physical *494 injuries resulting from a mental stimulus. Rather, Employer contended, Claimant’s symptoms were mental injuries resulting from a mental stimulus, and since Claimant failed to adduce evidence of an abnormal working condition, she should have been denied benefits. The Board agreed with Employer’s contentions and reversed the Referee, holding that Claimant had not proven that she had suffered a physical injury. Rather, the Board held, Claimant’s symptoms were only mental injuries stemming from her stress, and since Claimant had not established an abnormal working condition by unequivocal medical evidence, she was not entitled to compensation. The instant appeal follows.

To obtain workmen’s compensation benefits, a claimant bears the burden of proving all the elements of a claim, including the facts that he or she has sustained an injury, and that this injury was caused by the claimant’s employment. See Bennett v. Workmen’s Compensation Appeal Board, 157 Pa.Commonwealth Ct. 124, 629 A.2d 208 (1993). Where, as here, an appeal has a psychological component to causation, this Court has recognized three categories of cases, with different burdens of proof that Claimant has to meet depending upon the category in which the claim falls:

1. Psychological stimulus causing physical injury [mental/physical];
2. Physical stimulus causing psychic injury physical/mental]; and
3. Psychological stimulus causing psychic injury [mental/mental].

Boeing Vertol Co. v. Workmen’s Compensation Appeal Board (Coles), 107 Pa.Commonwealth Ct. 388, 390, 528 A.2d 1020, 1021 (1987), petition for allowance of appeal denied, 517 Pa. 619, 538 A.2d 501 (1988).

In a case involving a mental/physical claim, the claimant is exposed to some psychological trauma or stimulus which, in turn, causes the claimant to suffer a distinct physical injury. In such cases, the stimulus may be a brief, sudden shock or a prolonged stimulus such as high stress or anxiety *495

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Bluebook (online)
650 A.2d 1202, 168 Pa. Commw. 488, 1994 Pa. Commw. LEXIS 619, Counsel Stack Legal Research, https://law.counselstack.com/opinion/whiteside-v-workmens-compensation-appeal-board-pacommwct-1994.